To the Editor of the New Zealand Spectator. Wellington, 10th Sept. 1845.
Sir, — In the leading article on M'Clatchie's case, in last Saturday's Spectator, there is an erroneous assumption runs throughout it, which requires explanation. The evil arising out of the Chatham Islands being in the Northern District, does not extend so far as assumed. In all civil actions, where the venue is transitory, the plaintiff may bring his action where he
pleases, and if brought in a district inconvenient or even calculated to increase the expenses of trials, the Judge has power to change the time or place of trial. The only exceptions^ are some actions respecting cases where the" venne is said to be local, and in criminal pro-t secutions, in neither of which cases has the Judge any power, except where, from circumstances of excitement, a fair and impartial trial could not be had. The difficulty at present existing may be easily overcome, and I don't doubt it will be remedied when brought under the notice of those having power to do so. I am, Sir, Your obedient servant, Alpha.
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New Zealand Spectator and Cook's Strait Guardian, Volume I, Issue 49, 13 September 1845, Page 2
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183To the Editor of the New Zealand Spectator. Wellington, 10th Sept. 1845. New Zealand Spectator and Cook's Strait Guardian, Volume I, Issue 49, 13 September 1845, Page 2
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